Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Czechia (Ratification: 1993)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) dated 4 August 2011, concerning the application of the Convention. It further notes the comments made by the Czech-Moravian Confederation of Trade Unions (CMKOS), and the Government’s reply thereon.

Article 3 of the Convention. The Committee’s previous comments concerned the need to amend section 17 of the Act on Collective Bargaining (Act 2/1991) which deals with the right to strike in disputes regarding the conclusion of collective agreements and establishes a majority requirement of two-thirds of the votes cast, subject to a quorum requirement of 50 per cent of the employees concerned by the agreement. The Committee notes that the Government reiterates in its report that it considers the condition of consent of at least two-thirds of the voters to be reasonable and adequate since a strike is a serious measure which can have a significant economic impact and consequences on all employees. While taking due note of the fact that this point was consulted in a tripartite meeting and that no objections were raised, the Committee recalls its view that if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level. The Committee considers that the majority requirement of two-thirds of the votes cast may be difficult to reach and could restrict the right to strike in practice. In these circumstances, the Committee reiterates its hope that the Government will take all the necessary measures to amend section 17 of the Act on Collective Bargaining taking into account the abovementioned principles, and requests it to provide in its next report information on any measures adopted in this respect.

Moreover, the Committee notes the Government’s indication that it has launched a process to elaborate legislative provisions addressing the right to strike in cases other than disputes regarding the conclusion of collective agreements (which are the only cases which are currently regulated by a specific law). Recalling the possibility of seeking technical assistance from the Office, the Committee requests the Government to provide information on developments in this regard.